Four Months Short of Pension: Rajasthan High Court Moves Conductor's Voluntary Retirement to 20-Year Mark

The petitioner, a conductor with the Rajasthan State Road Transport Corporation, applied on 1 September 2014 for voluntary retirement under Clause 18(D)(2) of the Standing Order, 1965. The Corporation accepted it on 18 September 2014 with effect from 30 November 2014 (paras 3, 6). On that date he had served about 29 years in all but had only 19 years and 8 months of qualifying service, four months short of the 20 years needed for pension (paras 7-8). His 2016 petition sought reinstatement and pension; at the hearing he confined it to treating the retirement as effective from 31 March 2015 (paras 1-2). The Corporation said he had accepted the retirement and came to court two years late (para 4).

The Court relied on the Corporation's circular of 20 March 2008, which requires Clause 18(D)(2) to be implemented with great caution and requires the Corporation, before accepting voluntary retirement, to ensure that the employee has completed 20 years of qualifying service for pension (para 8). Had the Corporation followed its own circular, it would have accepted the retirement from 31 March 2015 (para 8). A conductor, who may not know the applicable rules in detail, cannot be expected to foresee the adverse consequences of seeking voluntary retirement a few months short of qualifying service (paras 8-9). As an undertaking of the Government of Rajasthan, a welfare State, the Corporation had an obligatory duty to look after its employees by implementing the rules in their favour (para 8). Having regard to the welfare provisions in the Corporation's Regulations, the ends of justice required the retirement to be treated as effective from 31 March 2015 (para 9). His two-year delay in approaching the Court limited the relief: no consequential benefits for the intervening months (para 10).